NEW INDIA ASSURANCE CO LTD Vs. DEBAJANI SAHU

JUDGEMENT

(1.) This is an appeal by the insurance company under section 173 of the Motor Vehicles Act, 1988, challenging the award of the Second Motor Accidents Claims Tribunal, Cuttack, in Misc. Case No. 1285 of 1995, awarding a sum of Rs. 8,00,000 as compensation along with interest at the rate of 9 per cent per annum from the date of application, i.e., 22.12.95, till payment. The Tribunal gave directions regarding keeping Rs. 7,00,000 in fixed deposit out of the awarded amount.

(2.) The claimants are the widow and two minor children of deceased Purna Chandra Sahu. It is stated in the claim application that deceased Purna Chandra Sahu who was an employee under the National Aluminium Company (NALCO) was going on a scooter on Cuttack-Sambalpur National Highway. At that time, a bus bearing registration No. OR-04-0045 belonging to the owner (the respondent No. 4) came from behind in high speed and dashed against the scooter as a result of which the deceased fell down on the road and the bus ran over him causing several injuries on the left leg, waist, chest, right hand and head, etc. On the basis of the aforesaid allegations, compensation was claimed. It was stated that the present appellant was the insurer in respect of the bus in question.

(3.) The owner did not appear to contest the claim application. However, the insurance company which had been impleaded as a party from the very inception filed written statement denying the allegations made in the claim application.